Land and Buildings Transaction Tax (Scotland) Act 2013 Schedule 2A paragraph 18

Dwellings situated outside Scotland

Paragraph 18 of Schedule 2A explains how ownership of a dwelling situated outside Scotland is to be determined for the purposes of the additional dwelling supplement (ADS).

  • This provision addresses how property ownership outside Scotland is treated for ADS purposes.
  • A person is considered to "own" a dwelling outside Scotland if they hold an interest in it that is equivalent to ownership as understood under Scots law.
  • All references to "ownership" and "acquisition of ownership" throughout Schedule 2A are to be interpreted in the same way when applied to dwellings outside Scotland.
  • This ensures that buyers cannot avoid the ADS simply because their existing property is located in another jurisdiction with a different legal framework for property ownership.

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